Comparison with federal regulations
Driver improvement programs are state functions.
Comparison with adjacent states
Michigan: Michigan has a driver responsibility program. This program assesses a driver responsibility fee for drivers who accumulate seven or more points in a two-year period (Category 1) or are convicted of specific qualifying offenses (Category 2). If a driver fails to pay the driver responsibility fee, their license is suspended.
Under Category 1, offenses such as careless driving, drag racing, speeding, improper turn, following too close, failure to yield, failure to obey signal and improper use of lights result in a point assessment under Category 1. The fees begin at $100 and increase by $50 for each additional point above seven points, and are assessed yearly.
A sample of Category 2 offenses and fees are:
• Operating While Intoxicated - $1000
• Reckless Driving - $500
• No proof of insurance - $200
• Operating on Expired License - $150
Fees are paid directly to the Michigan Department of the Treasury, and are imposed in addition to any fee or forfeiture imposed by the court.
Minnesota: The commissioner of the Minnesota Department of Safety may administratively suspend a driver's license for a number reasons, including habitual reckless or negligent operation of a motor vehicle or being a habitual violator of state traffic laws.
Illinois: A driver's license will be suspended for three traffic violations committed within any 12-month period. For drivers under age 21, two traffic violations within any 24-month period will result in a suspension. Drivers under age 18 must successfully complete a driver remedial education course to reinstate driving privileges. The length of the suspension varies according to the seriousness of the traffic offenses.
Iowa: Three countable offenses within 12 months or a speeding violation of 25+ miles per hour over the limit results in driver improvement school. Countable offenses include all moving violations, except for certain speeding offenses less than 10 mph over the limit, parking violations, equipment violations, and failure to appear.
After successful completion of the driver improvement program, a driver is on probation for one year. A driver convicted of a moving violation while on probation, will have their license suspended. Failure to complete the driver improvement program also results in a license suspension.
Summary of factual data and analytical methodologies
In 2006, there were 33,569 driver license suspensions because a person accumulated too many points. Currently, someone that accumulates more than 12 demerit points in a 12-month period, based on the date of violation, will be suspended.
The Department expects the number of driver's license suspensions for points to decrease. This proposed rule making allows someone to receive a 3 demerit point reduction for attending traffic safety school every 3 years, instead of 5 years currently allowed under the existing rule. As such, people will have an additional opportunity to reduce their points that does not exist today.
It is difficult to estimate exactly how many people will take advantage of this proposed change, since people have many reasons to attend traffic safety school. Some are required to attend traffic safety school (Group Dynamics) for an impaired driving conviction, while others attend traffic safety school to learn how to operate a motorcycle (Basic Rider Education). Some judges also require a person to attend traffic safety school for other reasons. As such, we have no clear data that shows how many people attend traffic safety school simply for the point reduction.
Analysis and supporting documentation used to determine effect on small businesses
There should be no detrimental impact on small business. The changes being proposed to ch.
Trans 101 will likely cause a slight decrease in the number of persons whose driver's license is administratively suspended for points. As such, there will be more persons with valid driver's licenses available to employers.
Small Business Analysis
There will be no significant adverse effect on small businesses. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Estimate
Vocational, technical and adult education districts will see a slight increase in tuition paid, as technical colleges offer point reduction school. Under the proposed rule, people will be eligible for point reduction every three years instead of five years. The Department will see a slight decrease in reinstatement and occupational license fees, as the changes will likely cause a slight decrease in the number of persons who are administratively suspended for points.
Anticipated Costs Incurred by Private Sector
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person and Submission of Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Mary Jackson, Department of Transportation, Bureau of Driver Services, Driving Privileges and Withdrawals Unit, Room 305, P. O. Box 7917, Madison, WI 53707-7917. You may also contact Ms. Jackson by phone at (608) 264-7173 or via e-mail:
mary.jackson@dot.state.wi.us.
